[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60745-60755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23873]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 130, 171, 172, 173, 174, 177, 178, 179, and 180
RIN 2137-AF03
[Docket No. PHMSA-2013-0158 (HM-244F)]
Hazardous Materials: Minor Editorial Corrections and
Clarifications (RRR)
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
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SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes and, in response to requests for clarification,
improves the clarity of certain provisions in the Hazardous Materials
Regulations (HMR). The intended effect of this rule is to enhance the
accuracy and reduce misunderstandings of the regulations. The
amendments contained in this rule are non-substantive changes and do
not impose new requirements.
DATES: Effective date: October 1, 2013. The incorporation by reference
of certain publications listed in the rule was approved by the Director
of the Federal Register as of January 7, 2013.
FOR FURTHER INFORMATION CONTACT: Neal Suchak, Standards and Rulemaking
Division, 202-366-8553, PHMSA, East Building, PHH-10, 1200 New Jersey
Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
II. Section-by-Section Review
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority for the Rulemaking
B. Executive Orders 12866 and 13563 and DOT Regulatory Policies
and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act, Executive Order 13272 and DOT
Policies and Procedures
F. Executive Order 13563 Improving Regulation and Regulatory
Review
G. Unfunded Mandates Reform Act of 1995
H. Paperwork Reduction Act
I. Environmental Impact Analysis
J. Regulation Identifier Number (RIN)
K. Privacy Act
[[Page 60746]]
I. Background
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
annually reviews the Hazardous Materials Regulations (HMR; 49 CFR Parts
171-180) to identify typographical errors, outdated addresses or other
contact information, and similar errors. In this final rule, we are
correcting typographical errors, incorrect references to the Code of
Federal Regulations (CFR) and international standards citations,
inconsistent use of terminology, misstatements of certain regulatory
requirements, and inadvertent omissions of information. Because these
amendments do not impose new requirements, notice and public comment
are unnecessary. By making these amendments effective without the
customary 30-day delay following publication, the changes will appear
in the next published revision of title 49 of the CFR.
II. Section-by-Section Review
The following is a section-by-section summary of the minor
editorial corrections and clarifications made in this final rule.
Part 107
Section 107.402
This section prescribes the requirements for application for
designation as a certification agency. Paragraph (d) of this section
specifically describes the requirements to become a Fireworks
Certification Agency (FCA). These requirements were adopted in a final
rule entitled ``Hazardous Materials: Revision to Fireworks Regulations
(RRR)'' published on July 16, 2013 (Docket No. PHMSA-2010-0320 (HM-
257); 78 FR 42473, effective August 16, 2013). Paragraph (d)(1)(ii)
adopted in this rulemaking details the work experience an employee of a
FCA would need to possess, specifically ``experience in manufacturing
or testing of Division 1.4G consumer fireworks.'' It was not PHMSA's
intent to unnecessarily limit FCA employees to only those dealing with
low hazard fireworks as those employees with experience in
manufacturing or testing of higher hazard explosives and fireworks
would be qualified to conduct the work of an FCA. Therefore, in this
rulemaking PHMSA is amending 107.402(d)(1)(ii) by replacing the
specific language ``Division 1.4G consumer fireworks'' with the more
generic term ``fireworks or explosives.''
Section 107.801
This section describes the purpose and scope of subpart I of Part
107 regarding the approval of Independent Inspection Agencies, Cylinder
Requalifiers, and Non-domestic Chemical Analyses and Tests of DOT
Specification Cylinders. Paragraph (b) of this section contains the
typographical error ``Administratior.'' PHMSA is correcting this
spelling error to read ``Administrator.''
Section 107.803
This section provides instructions for the approval of an
Independent Inspection Agency (IIA). Paragraph (c) describes the
application information that each applicant must submit to become an
IIA. The reference in Sec. 107.803(c)(6) to subparagraph (c)(3) is
incorrect. Currently, Sec. 107.803(c)(6) references subparagraph
(c)(3) when referring to a certifying inspection agency. This reference
is incorrect as subparagraph (c)(3) refers to the applicant. PHMSA is
revising Sec. 107.803(c)(6) to correctly reference subparagraph
(c)(5), which clarifies that an identification number or qualification
number should be assigned to each inspector employed by the applicant.
Part 171
Section 171.23
This section describes requirements for specific materials and
packagings transported under the International Civil Aviation
Organization (ICAO) Technical Instructions, International Maritime
Dangerous Goods (IMDG) Code, Transport Canada Transportation of
Dangerous Goods (TDG) Regulations, or the International Atomic Energy
Agency (IAEA) Regulations. Subparagraph (a)(4) describes the filling of
cylinders for export or use on board a vessel. PHMSA amended this
subparagraph in a final rule published on September 13, 2011 (Docket
No. PHMSA-2011-0134 (HM-244D); 76 FR 177, effective October 13, 2011),
at which time Sec. 171.23(a)(4)(iii) was inadvertently omitted. The
change made to Sec. 171.23 in the publication of the final rule (HM-
244D) was solely to correct paragraph (a)(4)(ii), where the word
``density'' was misspelled as ``ensity.'' No other changes to this
section were intended. PHMSA is revising this section to reinsert the
requirement for the bill of lading or other shipping paper to include
the certification statement: ``This cylinder has (These cylinders have)
been qualified, as required, and filled in accordance with DOT
requirements for export.''
Part 172
Section 172.101
This section contains the Hazardous Materials Table (HMT) and
explanatory text for each of the columns in the table. Paragraph (c) of
this section describes column 2: hazardous materials descriptions and
proper shipping names. Subparagraph (c)(6) describes what may be used
when a proper shipping name includes a concentration or concentration
range. While the HMR permits the use of the percent sign (%) in other
sections of the regulations (for example, the organic peroxide table;
Sec. 173.225), it does not specifically state that it may be
substituted for the word ``percent'' in a proper shipping name listed
in the HMT. International standards permit the use of the percent sign
(%) in place of the word ``percent.'' Therefore, PHMSA is clarifying
Sec. 172.101(c)(6) to note that the percent sign (%) is permitted and
may be used in place of the word ``percent.''
The proper shipping name for the entry ``Helium, compressed, UN
1046'' is italicized in the Sec. 172.101 HMT. This is incorrect, as
italicized text indicates that the words are not part of a proper
shipping name but may be used in addition to the proper shipping name.
It was not PHMSA's intent to make words in this proper shipping name
optional. In this final rule, PHMSA is revising the entry ``Helium,
compressed, UN1046'' to read ``Helium, compressed, UN1046.''
The entry for ``Hydrogen iodide solution, see Hydriodic acid'' is
incorrect in the Sec. 172.101 HMT. The row showing information for
this material as a packing group III should not be shown in the Sec.
172.101 HMT. The intention of this entry is to make reference to the
entry ``Hydriodic acid, UN1787,'' and the inclusion of a row showing
information for packing group III could cause confusion that the
reference to Hydriodic Acid applies only for materials of that packing
group. Therefore, PHMSA is revising this entry to remove information
from additional rows under ``Hydrogen iodide solution, see Hydriodic
acid.''
The entry for ``Neon, compressed, UN1065'' is being revised to
realign the columns of the Sec. 172.101 HMT in the correct order.
Information currently in column 5 of the Sec. 172.101 HMT should be
moved one column to the right. Subsequently, information currently in
columns 6-10 should be moved two columns to the right.
The entry for ``Nitrocellulose, with not more than 12.6 percent, by
dry mass mixture with or without plasticizer, with or without pigment,
UN2557'' is incorrect in the Sec. 172.101 HMT. The
[[Page 60747]]
entry should include the word ``nitrogen,'' and read ``Nitrocellulose,
with not more than 12.6 percent nitrogen, by dry mass mixture with or
without plasticizer, with or without pigment.'' The word ``nitrogen''
was omitted inadvertently when PHMSA published a final rule on October
1, 2007 (Docket No. PHMSA-2007-29245 (HM-244); 72 FR 55678, effective
October 1, 2007), when the entry was intended to be changed for
consistency with the United Nations (UN) Model Regulations. The entry
in the UN Model Regulations for UN2557 includes the word ``nitrogen.''
PHMSA is revising this entry for consistency with the UN Model
Regulations.
Section 172.102
This section prescribes the special provisions assigned to Sec.
172.101 HMT entries. On January 19, 2011 PHMSA published, and made
effective a final rule, (Docket No. PHMSA-2009-0126 (HM-215K); 76 FR
12), which amended special provision 149. This special provision
authorizes an increased amount of certain Class 3 (flammable liquid)
materials in PG II that are transported as limited quantities or
consumer commodities. It was revised to indicate that the exception
provided may not be used for transportation by aircraft. However, the
previous regulatory text for special provision 149 was not removed from
the HMR resulting in two entries under special provision 149.
Therefore, PHMSA is amending Sec. 172.102(c)(1) to remove the second
entry for special provision 149.
In the same rulemaking (HM-215K), Sec. 172.102(c)(1) special
provision T9 was amended. Special provisions found in Sec.
172.102(c)(7) with a ``T'' code apply to Portable Tanks. This final
rule changed column 5 of special provision T9 to indicate use of the
portable tank as prohibited for liquids. The previous bottom opening
requirements remain in the table inadvertently. Therefore, PHMSA is
revising special provision T9 to remove the incorrect duplicative
entry, and consequently, the reference to Sec. 178.275 in column 5.
Additionally, PHMSA is revising the Table of Portable Tank T Codes to
reformat special provision T21 because as it appears currently, all
information in the table was inadvertently shifted one column to the
right.
Section 172.203
This section provides shippers with additional requirements for
hazardous materials descriptions on shipping papers. Paragraph (k) of
this section prescribes the requirements applicable to technical names.
On December 29, 2006, PHMSA published a final rule (Docket No. PHMSA-
06-25476 (HM-215I); 7 FR 78596, effective January 1, 2007), which
harmonized many regulations within the HMR in accordance with
international standards. Among these changes, was the order in which a
hazardous materials shipping description should be entered on a
shipping paper. Originally, the proper order was proper shipping name
followed by hazard class, UN identification number, and packing group.
Based on the changes made under Docket HM-215I, the new order of
hazardous materials shipping descriptions is: UN identification number,
followed by the proper shipping name, hazard class, and packing group.
This new sequence had a mandatory compliance date of January 1, 2013.
PHMSA is revising Sec. 172.203(k) introductory text and subparagraph
(k)(1) to reflect the proper sequence for a hazardous materials
description on a shipping paper in the examples given in this
paragraph.
Section 172.400
This section provides the general labeling requirements. Paragraph
(b) of this section contains a table for the appropriate label in
accordance with column 6 of the HMT. The entry for Class 3 is incorrect
in the first column and reads ``3 (flammable liquid) Combustible
Liquid'' and PHMSA is revising it to ``3 Flammable Liquid (Combustible
liquid)'' to accurately describe the general labeling requirements.
Section 172.512
The placarding requirements for freight containers and aircraft
unit load devices are described in Sec. 172.512. The reference in
Sec. 172.512(b)(1)(iii) to part 7; chapter 2, section 2.7 of the ICAO
Technical Instructions in this sub-subparagraph is inaccurate. This
reference became inaccurate when the 2013-2014 publication of the ICAO
Technical Instructions re-designated part 7; chapter 2; section 2.6 as
a new requirement for visibility of labels, moving all subsequent
sections up. Part 7; chapter 2, section 2.7 of the ICAO Technical
Instructions now refers to replacement of labels, whereas section 2.8
refers to identification of unit load devices containing dangerous
goods. PHMSA is revising this sub-subparagraph for the correct
reference to cite part 7; chapter 2, section 2.8.
Section 172.604
This section describes the requirements for providing an emergency
response telephone number. Paragraph (d) of this section gives
exceptions to this requirement and lists what materials are not
required to be accompanied by an emergency response telephone number.
The exception in subparagraph Sec. 172.604(d)(1) includes the word
``and'' at the end, suggesting that a material must be offered for
transportation as a limited quantity as well as have a proper shipping
name that is listed in subparagraph Sec. 172.604(d)(2). This is not
the intent of this regulation and PHMSA is revising subparagraph Sec.
172.604(d)(1) in an effort to eliminate any confusion by removing the
word ``and'' at the end, to indicate that these are two separate
exceptions to the requirement to provide an emergency response
telephone number. This correction would create consistency with
similarly structured sections of the HMR.
Part 173
Section 173.22
This section prescribes the shipper's responsibilities required for
the offering for transportation of a hazardous material in commerce. In
sub-subparagraph Sec. 173.22(a)(4)(ii), the requirements to retain
closure notifications for a bulk package or cylinder are described. In
the last sentence of this sub-subparagraph, the HMR reads that
subsequent offerors of a ``filed'' and otherwise properly prepared
unaltered package are not required to maintain manufacturer
notification (including closure instruction). PHMSA is revising this
sub-subparagraph to replace the word ``filed'' with ``filled.''
Section 173.62
This section provides packaging instructions for Class 1 explosive
materials. Paragraph (b) of this section contains the explosives table
which specifies the packaging instructions assigned to each explosive
UN number. PHMSA inadvertently omitted an entry for UN0501 in this
table. ``Propellant, solid, UN0501'' was added to the HMT when PHMSA's
predecessor agency, the Research and Special Programs Administration
(RSPA),published a final rule on June 21, 2001, (Docket No. RSPA-2000-
7702 (HM-215D); 66 FR 33316, effective October 1, 2001), in an effort
to harmonize the HMR with international standards. When ``Propellant,
solid, UN0501'' was added to the HMT, the corresponding entry in the
explosives table in Sec. 173.62(b) was not made. PHMSA is revising the
explosives table in Sec. 172.62(b) by adding the entry for UN0501 and
the reference to its corresponding packing instruction, 114(b). This
change captures our
[[Page 60748]]
original intent to align the requirements with those provided in the UN
Model Regulations.
Section 173.124
This section defines classification criteria for Class 4 hazardous
materials. Paragraph (a) defines a Division 4.1 (flammable solid)
material. The reference in Sec. 173.124(a)(2)(iv) identifies tests to
classify self-reactive materials. It currently references Figure 14.2
in the UN Manual of Tests and Criteria, however there is no such
figure. The appropriate table reference should be Figure 20.1 (a-b) in
the UN Manual of Tests and Criteria, which is a flow chart scheme for
self-reactive substances and organic peroxides. PHMSA is revising this
section to reflect the correct reference to the UN Manual of Tests and
Criteria.
Section 173.199
This section provides packaging requirements for Category B
infectious substances. Paragraph (d) provides requirements for
refrigerated or frozen specimens (ice, dry ice, and liquid nitrogen).
Subparagraph (d)(2) says ``The package is marked ``Carbon dioxide,
solid'' or ``Dry ice'' and an indication that the material being
refrigerated is used for diagnostic treatment purposes (e.g., frozen
medical specimens).'' The language in this paragraph was adopted when
PHMSA published a final rule on June 2, 2006 (Docket No. PHMSA-2004-
16895 (HM-226A); 71 FR 32243, effective October 1, 2006), revising the
requirements applicable to infectious substances. However to alleviate
confusion and provide consistency within the HMR, this requirement
should read ``diagnostic or treatment purposes'' as it does in Sec.
173.217(d), which provides the packaging requirements for carbon
dioxide, solid (dry ice). PHMSA is revising Sec. 173.199(d)(2) to
correct the inconsistency.
Section 173.220
This section prescribes requirements for the transportation of
internal combustion engines, self-propelled vehicles, mechanical
equipment containing internal combustion engines, battery-powered
equipment or machinery, and fuel cell-powered equipment or machinery.
Subparagraph Sec. 173.220(a)(1) provides details on determining
whether the engine contains a liquid or gaseous fuel. Under the second
sentence of this subparagraph, an engine may be considered as not
containing fuel when the engine components and fuel lines have been
``completed drained, sufficiently cleaned of residue . . .'' The word
``completed'' is intended to read ``completely.'' This same
typographical error appears in Sec. 173.220(a)(2). PHMSA is revising
these subparagraphs to replace the word ``completed'' with
``completely.''
Section 173.301
This section prescribes the general requirements for shipment of
compressed gases and other hazardous materials in cylinders, UN
pressure receptacles, and spherical pressure vessels. Paragraph (f) of
this section gives the requirements applicable to pressure relief
device systems. The reference in Sec. 173.301(f)(1) to subparagraph
(l)(2) is outdated. Formerly, Sec. 173.301(l)(2) described the filling
requirements of cylinders for export when not equipped with a pressure
relief device. On May 3, 2007, PHMSA published a final rule (Docket No.
PHMSA-2005-23141 (HM-215F); 72 FR 25162, effective October 1, 2007),
which moved these requirements to Sec. 171.23(a)(5). A correction of
the reference to Sec. 173.301(l)(2) was inadvertently omitted.
Therefore, PHMSA is revising Sec. 173.301(f)(1) to correctly reference
Sec. 171.23(a)(5) to provide the filling requirements of cylinders for
export when not equipped with a pressure relief device.
Paragraph (j) of this section provides requirements for non-
specification cylinders in domestic use. The first sentence of this
paragraph references Sec. 173.23(g). This reference is incorrect as
173.23(g) refers to previously authorized non-bulk packagings
manufactured and tested in accordance with subparts L and M of part
178. The reference should be to Sec. 171.23(a), which identifies the
requirements for the transportation of foreign cylinders within the
United States. Requirements applicable to the import and export of
foreign cylinders into the United States were consolidated into Sec.
171.23(a) when PHMSA published a final rule on May 3, 2007 (Docket No.
PHMSA-2005-23141 (HM-215F). PHMSA is revising Sec. 173.301(j) for the
proper reference.
Section 173.304
This section describes the requirements for filling of cylinders
with liquefied compressed gases. Paragraph (d) provides criteria for
the filling of refrigerant and dispersant gases. PHMSA is correcting
the title of paragraph (d) by italicizing ``Refrigerant and dispersant
gases'' to better identify the heading.
Section 173.476
This section specifies the requirements for approval of special
form Class 7 (radioactive) materials. Paragraph (d) of this section
notes that paragraphs (a) and (b) do not apply in those cases where
A1 equals A2 (i.e., when the maximum activity of
special form Class 7 (radioactive) material permitted in a Type A
package equals the maximum activity of a non-special form Class 7
(radioactive) material permitted in a Type A package) and the material
is not required to be described on the shipping papers as ``Radioactive
Material, Special Form, n.o.s.'' On January 26, 2004, RSPA published a
final rule (Docket No. RSPA-99-6283 (HM-230); 69 FR 3632, effective
October 13, 2011), in an effort to make the HMR compatible with the
International Atomic Energy Agency's (IAEA) Safety Standards Series. In
doing so, many entries in the HMT were revised or removed. The entry
for ``Radioactive Material, Special Form, n.o.s., UN2974'' was removed.
In this same final rule, the entries for ``Radioactive Material, Type A
Package, Special Form, UN3332'' and ``Radioactive Material, Type A
Package, Special Form, Fissile, UN3333'' were revised to remove the
``I'' from column 1 of the HMT to indicate they were no longer
designated for international transportation. At the time of this
change, the proper shipping name ``Radioactive Material, Special Form,
n.o.s.'' was not removed from Sec. 173.476(d). PHMSA is revising this
section to replace the proper shipping name ``Radioactive Material,
Special Form, n.o.s.'' with ``Radioactive Material, Type A Package,
Special Form'' or as ``Radioactive Material, Type A Package, Special
Form, Fissile.''
[[Page 60749]]
Part 178
Section 178.61
This section provides criteria for specification 4BW welded steel
cylinders with electric-arc welded longitudinal seam. Subparagraph
(b)(2) states that material for heads must meet the requirements of
paragraph (a) of this section or be open hearth, electric or basic
oxygen carbon steel of uniform quality. The reference to paragraph (a)
is incorrect, as paragraph (a) describes the type, size and service
pressure of specification 4BW cylinders and not the type of material
for the heads. The correct reference is to Sec. 178.61(b)(1), which
references the specifications for steel found in Table 1 to Appendix A
of part 178. PHMSA is revising Sec. 178.61(b)(2) to correctly
reference that the material for heads must meet the requirements of
(b)(1) of this section.
Section 178.345-3
This section prescribes requirements for the structural integrity
of specification cargo tanks. Paragraph (c)(1) addresses stress in the
cargo tank shell resulting from normal operating loadings. PHMSA is
correcting the formula in paragraph (c)(1) for the figure
``SS2'' to read ``SS\2\.''
Section 178.503
This section describes the requirements for the marking
requirements for non-bulk performance-oriented packagings. Paragraph
(a) of this section provides criteria for the marking of packagings to
represent that they are manufactured to a UN standard. There is an
inadvertent error in Sec. 178.503(a)(1) that states, ``Except as
provided in paragraph (e)(1)(ii) of this section, the United Nations
symbol as illustrated in paragraph (e)(1)(i) of this section (for
embossed metal receptacles, the letters ``UN'') may be applied in place
of the symbol;'' The parentheses should be extended in this
subparagraph. PHMSA is revising Sec. 178.503(a)(1) to read: ``(1)
Except as provided in paragraph (e)(1)(ii) of this section, the United
Nations symbol as illustrated in paragraph (e)(1)(i) of this section
(for embossed metal receptacles, the letters ``UN'' may be applied in
place of the symbol).''
Section 178.605
This section prescribes the requirements for hydrostatic pressure
test of non-bulk UN specification packagings. Paragraph (d) provides
the test method and pressure to be applied. Non-bulk packagings
intended to contain hazardous materials in Packing Group I must be
tested to a minimum test pressure of 250 kPa (36 psig) during the
hydrostatic pressure test. This statement appears in paragraph (d),
before the numbered subparagraphs listing the test methods, as well as
after. PHMSA is amending Sec. 178.605(d) to remove the duplicative
statement following the numbered subparagraphs of test methods.
III. Regulatory Analyses and Notices
A. Statutory Authority
This final rule is published under authority of 49 U.S.C. 5103(b),
which authorizes the Secretary of Transportation to prescribe
regulations for the safe transportation, including security, of
hazardous material in intrastate, interstate, and foreign commerce. The
purpose of this final rule is to remove inadvertent errors in the
hazardous materials table, grammatical and typographical errors, and,
in response to requests for clarification, improve the clarity of
certain provisions in the Hazardous Materials Regulations. The changes
made in this final rule are considered non-substantive and this is
published as a direct final rule.
B. Executive Orders 12866 and 13563 and DOT Regulatory Policies and
Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). Additionally, E.O. 13563
supplements and reaffirms E.O. 12866, stressing that, to the extent
permitted by law, an agency rulemaking action must be based on benefits
that justify its costs, impose the least burden, consider cumulative
burdens, maximize benefits, use performance objectives, and assess
available alternatives. This final rule does not impose new or revised
requirements for hazardous materials shippers or carriers; therefore,
it is not necessary to prepare a regulatory impact analysis.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not adopt any regulation that: (1) Has substantial direct effects
on the states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of government; or (2) imposes substantial direct
compliance costs on state and local governments. PHMSA is not aware of
any state, local, or Indian tribe requirements that would be preempted
by correcting editorial errors and making minor regulatory changes.
This final rule does not have sufficient federalism impacts to warrant
the preparation of a federalism assessment.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a tribal summary impact statement is not
required.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
This final rule will not have a significant economic impact on a
substantial number of small entities. This rule makes minor editorial
changes that will not impose any new requirements on persons subject to
the HMR; thus, there are no direct or indirect adverse economic impacts
for small units of government, businesses, or other organizations.
[[Page 60750]]
F. Executive Order 13563 Improving Regulation and Regulatory Review
Executive Order 13563 supplements and reaffirms the principles,
structures, and definitions governing regulatory review that were
established in Executive Order 12866 Regulatory Planning and Review of
September 30, 1993. In addition, Executive Order 13563 specifically
requires agencies to: (1) Involve the public in the regulatory process;
(2) promote simplification and harmonization through interagency
coordination; (3) identify and consider regulatory approaches that
reduce burden and maintain flexibility; and (4) ensure the objectivity
of any scientific or technological information used to support
regulatory action; consider how to best promote retrospective analysis
to modify, streamline, expand, or repeal existing rules that are
outmoded, ineffective, insufficient, or excessively burdensome.
A complete review of the existing HMR led to the identification of
various minor errors in the HMR.
The correction of these errors will clarify current text while
maintaining the intent of the regulations affected. This final rule is
designed to address those errors by making non-substantive changes to
the HMR such as editorial changes, spelling corrections, removal of
transitional requirements that are no longer applicable and formatting
modifications. This final rule corrects these errors but does not
require the application of Executive Order 13563. The final rule does
however clarify the regulatory text thus improving the regulations.
G. Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $141.3
million or more to either state, local, or tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objectives of the rule.
H. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
I. Environmental Impact Analysis
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), and implementing regulations by the Council on
Environmental Quality (40 CFR part 1500) require Federal agencies to
consider the consequences of Federal actions and prepare a detailed
statement on actions that significantly affect the quality of the human
environment.
The purpose of this rulemaking is to correct editorial errors, make
minor regulatory changes and, in response to requests for
clarification, improve the clarity of certain provisions in the HMR.
The intended effect of this rule is to enhance the accuracy and reduce
misunderstandings of the regulations. The amendments contained in this
rule are non-substantive changes and do not impose new requirements.
Therefore, PHMSA has determined that the implementation of this final
rule will not have any significant impact on the quality of the human
environment.
J. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
K. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477), which may be viewed at http://www.dot.gov/privacy.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, Packaging and containers,
Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; Pub. L. 112-141 section 33006; 49 CFR 1.81
and 1.97.
0
2. In Sec. 107.402, paragraph (d)(1)(ii) is revised to read as
follows:
Sec. 107.402 Application for designation as a certification agency.
* * * * *
(d) * * *
(1) * * *
(ii) Employ personnel with work experience in manufacturing or
testing of fireworks or explosives; or a combination of work experience
in manufacturing or testing of fireworks or explosives and a degree in
the physical sciences or engineering from an accredited university;
* * * * *
Sec. 107.801 [Amended]
0
3. In Sec. 107.801, in the first sentence of paragraph (b), remove the
word ``Administratior'' and add the word ``Administrator'' in its
place.
0
4. In Sec. 107.803, paragraph (c)(6) is revised to read as follows:
Sec. 107.803 Approval of an independent inspection agency (IIA).
* * * * *
(c) * * *
(6) An identification or qualification number assigned to each
inspector who is supervised by a certifying inspector identified in
paragraph (c)(5) of this section.
* * * * *
[[Page 60751]]
PART 130--OIL TRANSPORTATION
0
5. The authority citation for part 130 is revised to read as follows:
Authority: 33 U.S.C 1321; 49 CFR 1.81 and 1.97.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
6. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
0
7. In Sec. 171.23, paragraph (a)(4)(iii) is added to read as follows:
Sec. 171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.
* * * * *
(a) * * *
(4) * * *
(iii) The bill of lading or other shipping paper identifies the
cylinder and includes the following certification: ``This cylinder has
(These cylinders have) been qualified, as required, and filled in
accordance with the DOT requirements for export.''
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
8. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 44701; 49 CFR 1.81 and 1.97.
0
9. In Sec. 172.101, revise paragraph (c)(6) to read as follows:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
(c) * * *
(6) When a proper shipping name includes a concentration range as
part of the shipping description, the actual concentration, if it is
within the range stated, may be used in place of the concentration
range. For example, an aqueous solution of hydrogen peroxide containing
30 percent peroxide may be described as ``Hydrogen peroxide, aqueous
solution with not less than 20 percent but not more than 40 percent
hydrogen peroxide'' or ``Hydrogen peroxide, aqueous solution with 30
percent hydrogen peroxide.'' Also, the percent sign (%) may be used in
place of the word ``percent'' when words in italics containing the word
``percent'' are used in addition to the proper shipping name.
* * * * *
0
10. In Sec. 172.101, in the Hazardous Materials Table, the following
entries are revised to read as follows:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
[[Page 60752]]
Sec. 172.101--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (see (10) Vessel stowage
materials Hazard Special --------------------------------------------------- Sec. Sec. 173.27 and175.75) -------------------------------
Symbols descriptions and class or Identification PG Label codes provisions ----------------------------------
proper shipping division Nos. (Sec. Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
names 172.102) aircraft/rail only
(1) (2)............... (3) (4).............. (5)............ (6)............ (7)............ (8A)........... (8B)........... (8C)........... (9A)........... (9B)........... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Helium, compressed 2.2 UN1046........... ............... 2.2............ ............... 306............ 302............ 302, 314....... 75 kg.......... 150 kg......... A............. 85
* * * * * * *
Hydrogen iodide
solution, see
Hydriodic acid.
* * * * * * *
Neon, compressed.. 2.2 UN1065........... ............... 2.2............ ............... 306, 307....... 302............ None........... 75 kg.......... 150 kg......... A.............
* * * * * * *
Nitrocellulose, 4.1 UN2557........... II............. 4.1............ 44............. 151............ 212............ 240............ 1 kg........... 15 kg.......... D............. 28, 36
with not more
than 12.6 percent
nitrogen, by dry
mass mixture with
or without
plasticizer, with
or without
pigment.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 60753]]
* * * * *
0
11. Amend Sec. 172.102 as follows:
0
a. In paragraph (c)(1), remove the first entry for special provision
149.
0
b. In paragraph (c)(7)(ii), in the Table of Portable Tank T Codes T1-
T22, revise the entries for T9 and T22.
The revisions read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(7) * * *
(ii) * * *
Table of Portable Tank T Codes T1-T22
[Portable tank codes T1-T22 apply to liquid and solid hazardous materials of classes 3 through 9 which are
transported in portable tanks]
----------------------------------------------------------------------------------------------------------------
Minimum shell
thickness (in mm- Pressure-relief Bottom opening
Portable tank instruction Minimum test reference steel) requirements (see requirements (see
pressure (bar) (see Sec. Sec. 178.275(g)) Sec. 178.275(d))
178.274(d))
(1) (2) (3)................ (4)................ (5)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
T9.............................. 4 6 mm............... Normal............. Prohibited for
liquids.
* * * * * * *
T21............................. 10 10 mm.............. Normal............. Prohibited for
liquids. Sec.
178.275(d)(2).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
12. In Sec. 172.203, paragraphs (k) introductory text and (k)(1) are
revised to read as follows:
Sec. 172.203 Additional description requirements.
* * * * *
(k) Technical names for ``n.o.s.'' and other generic descriptions.
Unless otherwise excepted, if a material is described on a shipping
paper by one of the proper shipping names identified by the letter
``G'' in column (1) of the Sec. 172.101 Table, the technical name of
the hazardous material must be entered in parentheses in association
with the basic description. For example ``UN 1760, Corrosive liquid,
n.o.s., (Octanoyl chloride), 8, II'', or ``UN 1760, Corrosive liquid,
n.o.s., 8, II (contains Octanoyl chloride)''. The word ``contains'' may
be used in association with the technical name, if appropriate. For
organic peroxides which may qualify for more than one generic listing
depending on concentration, the technical name must include the actual
concentration being shipped or the concentration range for the
appropriate generic listing. For example, ``UN 3102, Organic peroxide
type B, solid, 5.2, (dibenzoyl peroxide, 52-100%)'' or ``UN 3108,
Organic peroxide type E, solid, 5.2, (dibenzoyl peroxide, paste,
<52%)''. Shipping descriptions for toxic materials that meet the
criteria of Division 6.1, PG I or II (as specified in Sec. 173.132(a)
of this subchapter) or Division 2.3 (as specified in Sec. 173.115(c)
of this subchapter) and are identified by the letter ``G'' in column
(1) of the Sec. 172.101 Table, must have the technical name of the
toxic constituent entered in parentheses in association with the basic
description. A material classed as Division 6.2 and assigned
identification number UN 2814 or UN 2900 that is suspected to contain
an unknown Category A infectious substance must have the words
``suspected Category A infectious substance'' entered in parentheses in
place of the technical name as part of the proper shipping description.
For additional technical name options, see the definition for
``Technical name'' in Sec. 171.8. A technical name should not be
marked on the outer package of a Division 6.2 material (see Sec.
172.301(b)).
(1) If a hazardous material is a mixture or solution of two or more
hazardous materials, the technical names of at least two components
most predominately contributing to the hazards of the mixture or
solution must be entered on the shipping paper as required by paragraph
(k) of this section. For example, ``UN 2924, Flammable liquid,
corrosive, n.o.s., 3, II (contains Methanol, Potassium hydroxide)''.
* * * * *
0
13. In Sec. 172.400, in the table in paragraph (b), the entry for
Hazard class or division ``3'' is revised to read as follows:
Sec. 172.400 General labeling requirements.
* * * * *
(b) * * *
------------------------------------------------------------------------
Label design or
Hazard class or division Label name section
reference
------------------------------------------------------------------------
* * * * * * *
3 Flammable Liquid FLAMMABLE LIQUID 172.419
(Combustible liquid). (none).
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
14. In Sec. 172.512, paragraph (b)(1)(iii) is revised to read as
follows:
Sec. 172.512 Freight containers and aircraft unit load devices.
* * * * *
(b) * * *
(iii) Is identified as containing a hazardous material in the
manner provided in part 7; chapter 2, section 2.8, of the ICAO
Technical Instructions (IBR, see Sec. 171.7 of this subchapter).
* * * * *
0
15. In Sec. 172.604, paragraph (d)(1) is revised to read as follows:
Sec. 172.604 Emergency response telephone number.
* * * * *
(d) * * *
[[Page 60754]]
(1) Hazardous materials that are offered for transportation under
the provisions applicable to limited quantities; or
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
16. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.
0
17. In Sec. 173.22, in paragraph (a)(4)(ii) the last sentence is
revised to read as follows:
Sec. 173.22 Shipper's responsibility.
* * * * *
(a) * * *
(4) * * *
(ii) * * * Subsequent offerors of a filled and otherwise properly
prepared unaltered package are not required to maintain manufacturer
notification (including closure instructions).
* * * * *
0
18. In Sec. 173.62, the table in paragraph (b), the entry for UN0501
is added to read as follows:
Sec. 173.62 Specific packaging requirements for explosives.
* * * * *
(b) * * *
Explosives Table
------------------------------------------------------------------------
ID No. PI
------------------------------------------------------------------------
* * * * *
UN0501...................................................... 114(b)
* * * * *
------------------------------------------------------------------------
* * * * *
0
19. In Sec. 173.124, paragraph (a)(2)(iv) is revised to read as
follows:
Sec. 173.124 Class 4, Divisions 4.1, 4.2 and 4.3--Definitions.
(a) * * *
(2) * * *
(iv) Tests. The generic type for a self-reactive material must be
determined using the testing protocol from Figure 20.1 (a)-(b) (Flow
Chart Scheme for Self-Reactive Substances and Organic Peroxides) from
the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
0
20. In Sec. 173.199, paragraph (d)(2) is revised to read as follows:
Sec. 173.199 Category B infectious substances.
* * * * *
(d) * * *
(2) The package is marked ``Carbon dioxide, solid'' or ``Dry ice''
and an indication that the material being refrigerated is used for
diagnostic or treatment purposes (e.g., frozen medical specimens).
* * * * *
0
21. In Sec. 173.220, paragraphs (a)(1) and (2) are revised to read as
follows:
Sec. 173.220 Internal combustion engines, self-propelled vehicles,
mechanical equipment containing internal combustion engines, battery-
powered equipment or machinery, fuel cell-powered equipment or
machinery.
(a) * * *
(1) The engine contains a liquid or gaseous fuel. An engine may be
considered as not containing fuel when the engine components and any
fuel lines have been completely drained, sufficiently cleaned of
residue, and purged of vapors to remove any potential hazard and the
engine when held in any orientation will not release any liquid fuel;
(2) The fuel tank contains a liquid or gaseous fuel. A fuel tank
may be considered as not containing fuel when the fuel tank and the
fuel lines have been completely drained, sufficiently cleaned of
residue, and purged of vapors to remove any potential hazard;
* * * * *
0
22. In Sec. 173.301, paragraphs (f)(1) and (j) are revised to read as
follows:
Sec. 173.301 General requirements for shipment of compressed gases
and other hazardous materials in cylinders, UN pressure receptacles and
spherical pressure vessels.
* * * * *
(f) Pressure relief device systems. (1) Except as provided in
paragraphs (f)(5) and (6) of this section, and Sec. 171.23(a)(5) of
this subchapter, a cylinder filled with a gas and offered for
transportation must be equipped with one or more pressure relief
devices sized and selected as to type, location, and quantity, and
tested in accordance with CGA S-1.1 (compliance with paragraph 9.1.1.1
is not required) and CGA S-7. The pressure relief device must be
capable of preventing rupture of the normally filled cylinder when
subjected to a fire test conducted in accordance with CGA C-14 (IBR,
see Sec. 171.7 of this subchapter), or, in the case of an acetylene
cylinder, CGA C-12 (IBR, see Sec. 171.7 of this subchapter).
* * * * *
(j) Non-specification cylinders in domestic use. Except as provided
in Sec. Sec. 171.12(a) and 171.23(a) of this subchapter, a filled
cylinder manufactured to other than a DOT specification or a UN
standard in accordance with part 178 of this subchapter, or a DOT
exemption or special permit cylinder or a cylinder used as a fire
extinguisher in conformance with Sec. 173.309(a), may not be
transported to, from, or within the United States.
* * * * *
Sec. 173.304 [Amended]
0
23. In Sec. 173.304, the paragraph (d) subject heading is italicized.
0
24. In Sec. 173.476, paragraph (d) is revised to read as follows:
Sec. 173.476 Approval of special form Class 7 (radioactive)
materials.
* * * * *
(d) Paragraphs (a) and (b) of this section do not apply in those
cases where A1 equals A2 and the material is not
required to be described on the shipping papers as ``Radioactive
Material, Type A Package, Special Form'' or as ``Radioactive Material,
Type A Package, Special Form, Fissile.''
PART 174--CARRIAGE BY RAIL
0
25. The authority citation for part 174 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
PART 177--CARRIAGE BY HIGHWAY
0
26. The authority citation for part 177 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
27. The authority citation for part 178 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
28. In Sec. 178.61, paragraph (b)(2) is revised to read as follows:
Sec. 178.61 Specification 4BW welded steel cylinders with electric-
arc welded longitudinal seam.
* * * * *
(b) * * *
(2) Material for heads must meet the requirements of paragraph
(b)(1) of this section or be open hearth, electric or basic oxygen
carbon steel of uniform quality. Content percent may not exceed the
following: Carbon 0.25, Manganese 0.60, Phosphorus 0.045, Sulfur 0.050.
Heads must be hemispherical or ellipsoidal in shape with a maximum
ratio of 2.1. If low carbon steel is used, the thickness of such heads
must be
[[Page 60755]]
determined by using a maximum wall stress of 24,000 p.s.i. in the
formula described in paragraph (f)(4) of this section.
* * * * *
0
29. In Sec. 178.345-3, paragraph (c)(1) introductory text is revised
to read as follows:
Sec. 178.345-3 Structural integrity.
* * * * *
(c) * * *
(1) Normal operating loadings. The following procedure addresses
stress in the cargo tank shell resulting from normal operating
loadings. The effective stress (the maximum principal stress at any
point) must be determined by the following formula:
S = 0.5(Sy + Sx) [0.25(Sy
- Sx)\2\ + SS\2\]0.5
Where:
* * * * *
0
30. In Sec. 178.503, paragraph (a)(1) is revised to read as follows:
Sec. 178.503 Marking of packagings.
(a) * * *
(1) Except as provided in paragraph (e)(1)(ii) of this section, the
United Nations symbol as illustrated in paragraph (e)(1)(i) of this
section (for embossed metal receptacles, the letters ``UN'' may be
applied in place of the symbol);
* * * * *
0
31. In Sec. 178.605, paragraph (d) is revised to read as follows:
Sec. 178.605 Hydrostatic pressure test.
* * * * *
(d) Test method and pressure to be applied. Metal packagings and
composite packagings other than plastic (e.g., glass, porcelain or
stoneware), including their closures, must be subjected to the test
pressure for 5 minutes. Plastic packagings and composite packagings
(plastic material), including their closures, must be subjected to the
test pressure for 30 minutes. This pressure is the one to be marked as
required in Sec. 178.503(a)(5). The receptacles must be supported in a
manner that does not invalidate the test. The test pressure must be
applied continuously and evenly, and it must be kept constant
throughout the test period. In addition, packagings intended to contain
hazardous materials of Packing Group I must be tested to a minimum test
pressure of 250 kPa (36 psig). The hydraulic pressure (gauge) applied,
taken at the top of the receptacle, and determined by any one of the
following methods must be:
(1) Not less than the total gauge pressure measured in the
packaging (i.e., the vapor pressure of the filling material and the
partial pressure of the air or other inert gas minus 100 kPa (15 psi))
at 55 [deg]C (131 [deg]F), multiplied by a safety factor of 1.5. This
total gauge pressure must be determined on the basis of a maximum
degree of filling in accordance with Sec. 173.24a(d) of this
subchapter and a filling temperature of 15 [deg]C (59 [deg]F);
(2) Not less than 1.75 times the vapor pressure at 50 [deg]C (122
[deg]F) of the material to be transported minus 100 kPa (15 psi), but
with a minimum test pressure of 100 kPa (15 psig); or
(3) Not less than 1.5 times the vapor pressure at 55 [deg]C (131
[deg]F) of the material to be transported minus 100 kPa (15 psi), but
with a minimum test pressure of 100 kPa (15 psig).
* * * * *
PART 179--SPECIFICATIONS FOR TANK CARS
0
32. The authority citation for part 179 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
33. The authority citation for part 180 is revised to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
Issued in Washington, DC, on September 25, 2013 under authority
delegated in 49 CFR part 1.97.
Cynthia L. Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2013-23873 Filed 10-1-13; 8:45 am]
BILLING CODE 4910-60-P